NE 22-17-1 Individual Income Tax 2017-06-09

Is Nebraska Revenue Ruling 22-05-3 on adopting federal life expectancy tables for the Nebraska Endowment Credit still in effect?

Short answer: No -- it has been withdrawn as obsolete. Revenue Ruling 22-17-1 (issued June 9, 2017) rescinds Revenue Ruling 22-05-3, 'Adoption of Federal Life Expectancy Tables' (issued December 22, 2005). The Department gives specific reasons: that ruling pertained to the Nebraska Endowment Credit, which expired in 2010 and whose enacting statute has been repealed, and the IRS regulation and publication it referenced are no longer accessible. Because the credit it supported no longer exists, the ruling is obsolete and can no longer be relied on.

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This page answers the general question as of 2017. Ezel answers yours, under current Nebraska tax law, with citations.

Disclaimer: This is an official Revenue Ruling of the Nebraska Department of Revenue, a guidance document stating the Department's interpretation of how Nebraska tax law applies. Each Nebraska guidance document carries the notice that it 'is advisory in nature but is binding on the Nebraska Department of Revenue until amended.' Unlike a private letter ruling, a Revenue Ruling is a general statement of Department policy rather than advice to a single taxpayer, but it can be amended, superseded, or made obsolete by a later ruling or a change in statute or regulation, many rulings in this series have been rescinded or superseded, so confirm it is still in effect before relying on it. Nebraska's local option sales and use taxes are administered by the Department, not self-collected by home-rule cities. This summary is informational only and is not legal or tax advice. Consult a licensed Nebraska tax professional about your situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.

View original ruling (PDF)

Plain-English summary

This is a housekeeping ruling. The Nebraska Department of Revenue rescinds an older individual income tax ruling: Revenue Ruling 22-05-3, "Adoption of Federal Life Expectancy Tables," issued December 22, 2005.

The Department explains why it is obsolete: 22-05-3 pertained to the Nebraska Endowment Credit, and that credit expired in 2010 and its enacting statute has been repealed. On top of that, the IRS regulation and publication the old ruling referenced are no longer accessible. With no credit left to apply it to and its federal references gone, the ruling serves no purpose and is withdrawn.

What this means for you

Individual income taxpayers

The Nebraska Endowment Credit no longer exists -- it expired in 2010 -- so there is nothing for the life-expectancy-tables guidance in 22-05-3 to apply to. Do not look to this retired ruling when preparing a Nebraska individual return.

Tax professionals and researchers

If you encounter a reference to Revenue Ruling 22-05-3 or the Nebraska Endowment Credit in older materials, treat it as obsolete: the credit was repealed and this ruling has been formally rescinded.

Common questions

Q: What does Revenue Ruling 22-17-1 do?
A: It rescinds Revenue Ruling 22-05-3, "Adoption of Federal Life Expectancy Tables" (issued December 22, 2005).

Q: Why was 22-05-3 rescinded?
A: It applied to the Nebraska Endowment Credit, which expired in 2010 and whose enacting statute was repealed; the IRS regulation and publication it cited are also no longer accessible.

Q: Does Nebraska still have an Endowment Credit?
A: No. According to the ruling, the credit expired in 2010 and the statute that created it has been repealed.

Citations and references

Rescinds: Revenue Ruling 22-05-3, "Adoption of Federal Life Expectancy Tables," issued December 22, 2005.
Reason: the Nebraska Endowment Credit expired in 2010 and its enacting statute was repealed; the referenced IRS regulation and publication are no longer accessible.

Source

Original ruling text

Revenue Ruling 22-17-1

Individual Income Tax

Rescinds Revenue Ruling 22-05-3

June 9, 2017

Individual Income Tax—Revenue Ruling Rescinded
This guidance document is advisory in nature but is binding on the Nebraska
Department of Revenue (Department) until amended. A guidance document does
not include internal procedural documents that only affect the internal operations
of the Department and does not impose additional requirements or penalties
on regulated parties or include confidential information or rules and regulations
made in accordance with the Administrative Procedure Act. If you believe that this
guidance document imposes additional requirements or penalties on regulated
parties, you may request a review of the document.
This guidance document may change with updated information or added examples.
The Department recommends you do not print this document. Instead, sign up for
the subscription service at revenue.nebraska.gov to get updates on your topics
of interest.
This revenue ruling rescinds Revenue Ruling 22-05-3, which pertains to the Nebraska
Endowment Credit. The Nebraska Endowment Credit expired in 2010 and the enacting
statute has been repealed. The IRS regulation and publication referenced in Revenue
Ruling 22-05-3 are no longer accessible.
Therefore, the following revenue ruling is hereby rescinded:
22-05-3
Adoption of Federal Life Expectancy Tables, issued December 22, 2005.
APPROVED:
Tony Fulton
Tax Commissioner
June 9, 2017

Nebraska Department of Revenue, PO Box 94818, Lincoln, Nebraska 68509-4818

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